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2021 Supreme(SC) 842

M.R.SHAH, B.V.NAGARATHNA
K. Anjinappa – Appellant
Versus
K. C. Krishna Reddy – Respondent


Advocates appeared:
For the Appellant(s) :Goli Ramakrishna, Sumanth Nookala, Advocates
For the Respondent(s):Shishir Pinaki, D. Mahesh Babu, Ardhendumauli Kumar Prasad, Shashi Shekhar Kumar Prasad, Amritesh Raj, Sakeena Quidwai, Shreya Srivastava, Ashish Madaan, Advocates

Judgement Key Points

The legal document emphasizes the importance of timely disposal of complaints against advocates by the Bar Council of India and State Bar Councils. It establishes that under the Advocates Act, the duty to dispose of complaints received under Section 35 within one year is mandatory. Failure to do so constitutes a breach of statutory obligation, which can lead to the transfer of complaints to the Bar Council of India if the delay is unjustified and reasons are not properly recorded (!) [p_9.1] (!) [p_21.1].

The document highlights that the transfer of complaints to the Bar Council of India is an exception, applicable only when valid reasons are recorded for the delay beyond one year. The primary responsibility remains with the respective State Bar Councils to conclude proceedings within the prescribed timeframe (!) (!) (!) (!) .

It underscores that delays, especially those caused by deliberate inaction or neglect, undermine the integrity and nobility of the legal profession. The legal system relies heavily on the trust and confidence of society in advocates, which can be eroded by such delays (!) (!) (!) (!) .

Furthermore, the document advocates for proactive measures, such as appointing experienced Inquiry Officers and establishing mechanisms for expeditious disposal of complaints. It stresses that the disciplinary authorities must ensure that proceedings are concluded within the statutory period to maintain the dignity of the profession and uphold public confidence (!) (!) (!) (!) .

Overall, the legal principles outlined reinforce that the disciplinary process is a vital aspect of maintaining the integrity of the legal profession, and non-compliance with prescribed timelines is viewed as a serious lapse that can compromise the nobility and trustworthiness of advocates and the judiciary system as a whole.


JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the Disciplinary Committee of the Bar Council of India dated 12.12.2015 by which the Disciplinary Committee of the Bar Council of India has dismissed the complaint filed by the appellant against his Advocate, the appellant-original complainant No.1 has preferred the present appeal under Section 35 of the Advocates Act, 1961.

2. The appellant herein filed the Complaint Case No.20 of 2013 against his Advocate on the ground of professional misconduct. The said complaint was filed initially before the Bar Council of State of Andhra Pradesh. Though under the Advocates Act, the State Bar Council was duty bound to dispose of the complaint received by it under Section 35 expeditiously and in each case the proceedings had to be concluded within a period of one year from the date of receipt of complaint, the State Bar Council did not dispose of the said complaint. Therefore, the said complaint came to be transferred to the Bar Council of India as per Section 36B of the Advocates Act. Now by th

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